Ngetich & another v Soi (Environment and Land Miscellaneous Application E001 of 2025) [2025] KEELC 5329 (KLR)
The bottom line
#Kenya's Environment and Land Court at Kericho gave landowners extra time to appeal a land ownership ruling because their appeal raised a genuine dispute.
What this practically means
#Executive summary
#Key legal issues
#Whether time to file the appeal should be extended under Section 79G
The delay of about three months was not sufficiently explained, but the court found the intended appeal arguable and no prejudice to the Respondent, and extended time
The court considered the length of the delay (about three months), the reasons offered (unproven request for typed proceedings and advocates' error in filing a Notice instead of a Memorandum of Appeal), whether the appeal was arguable and the prejudice to the Respondent. The request for proceedings was unsubstantiated as the letter bore no court stamp. However, the draft Memorandum raised an arguable question whether Plot No. 123 and Plot No. 104 are the same or distinct parcels, and the Respondent showed no prejudice from extension. These factors justified exercising discretion in the Applicants' favour.
Whether the firm of Kipleting & Company Advocates may come on record after judgment
Leave was granted under Order 9 Rule 9 of the Civil Procedure Rules, the application being unopposed on that limb
Order 9 Rule 9 requires a court order, upon application with notice to all parties or upon consent, before a change of advocate after judgment takes effect. The Respondent did not submit on this issue and raised no contest. Following Alice Wambui Nganga v John Ngure Kahoro, the court found no reason to refuse the incoming firm leave to come on record.
Who bears costs of the application
Costs reserved to abide the outcome of the appeal
Although costs ordinarily follow the event under Section 27 of the Civil Procedure Act, the court directed that costs of the application await the outcome of the appeal, consistent with the Applicants' own submission that costs abide the appeal.
Legal principles established
#- An appeal from a subordinate court to the High Court must be filed within thirty days, but may be admitted out of time on good and sufficient cause
- Extension of time is discretionary and is guided by the length of delay, reasons for delay, arguability of the appeal and prejudice to the respondent
- A change of advocate after judgment requires leave of the court under Order 9 Rule 9
Court orders
#- 1.Time within which the Applicants shall lodge an appeal against the judgement and decree in Kericho CM ELC Case No. E022 of 2020 is hereby extended
- 2.The firm of Kipleting & Company Advocates is hereby granted leave to come on record for the Applicants
- 3.The costs of this application shall await the outcome of the Appeal
- On appeal from
- Chief Magistrate's Court, Kericho
- CM ELC Case No. E022 of 2020
- Jurisdiction invoked
- Sections 1A, 1B, 3A & 79G of the Civil Procedure Act, Order 50 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ngetich & another v Soi (Environment and Land Miscellaneous Application E001 of 2025) [2025] KEELC 5329 (KLR)", Case Analysis (2025). Notice of Motion application dated 11th February, 2025 (arising from Kericho CM ELC Case No. E022 of 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5329/eng@2025-07-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.